Some (more) notes on the law
Whilst there a number of laws that can be used
to prosecute the behaviour, the specific law from
2003 is our focus here because it is the one that was
designed to address the issue and is the most widely
known.
The law relating to mobile phone use is, for a number
of reasons, problematic, as we discuss on p15-16. The
law can be difficult to interpret, understand and apply,
focuses on a concept of ‘use’ that is outdated, and can
be difficult to police.
These factors must all be considered in any attempt
to tackle mobile phone use by drivers that is focused
upon the law or ‘offenders’ generally as a group of
people. Any approach that aims to reduce offending
may unintentionally be pushing drivers towards another
risky (but legal) alternative of hands-free mobile phone
use while driving. We might find we are claiming an
intervention was successful (in terms of prosecution)
whilst also seeing our death and injury rates increase.
This doesn’t mean that those that break the law cannot
be interacted with in meaningful ways or targeted as a
group of individuals, it simply means that any approach
should emphasise safe driving behaviour, not just
increase familiarity with the law – to explain both legal
and personal consequences – and to clarify that there
are laws that cover distracted driving in a range of
forms.
Whilst it may seem logical to turn to enforcement
strategies to tackle offenders, it is crucial that we
stay focussed on our aims and use all the means
at our disposal – and that we are aware of the
strengths and limitations of each.
Don’t just use images of a person holding a phone to their ear to represent ‘mobile phone use while driving’.
Research suggests that this is less common than other forms of ‘use’ 1 such as texting. Don’t give drivers
the impression that calls are the only form of ‘use’ we are targeting and cause texters to think our message
doesn’t apply to them.
1
DfT (2015). Seat belt and mobile phone use surveys: England and Scotland, 2015. Statistical release. Available from: https://assets.publishing.service.gov.
uk/government/uploads/system/uploads/attachment_data/file/406723/seatbelt-and-mobile-use-surveys-2014.pdf
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